In a Significant legal development, the Federal High Court in Lagos has issued a ruling compelling Alhaji Lai Mohammed, the former Minister of Information and Culture, and the Ministry of Information to disclose the specifics of the agreement between the Nigerian Government and X (formerly known as Twitter).
The judgment, delivered by Hon. Justice Nnamdi Okwy Dimgba in May 2024, stems from a Freedom of Information suit filed by the Socio-Economic Rights and Accountability Project (SERAP) (FHC/L/CS/238/2022). Last Friday, a certified true copy of the judgment was obtained.
Justice Dimgba emphasized that the former minister and the Ministry of Information are obligated to provide SERAP with a copy of the agreement for the sole purpose of assessing its impact on the protection of fundamental human rights of Nigerians.
The judge asserted that the disclosure of the agreement details is in the public interest and does not compromise Twitter’s business interests or Nigeria’s national security.
Despite objections from the minister’s counsel, Justice Dimgba upheld SERAP’s arguments and ruled in favor of the organization. The court found that the minister failed to demonstrate that the President followed due process in designating Twitter as a Critical National Information Infrastructure, nor was there an official order in the Federal Gazette to that effect.
Justice Dimgba stated unequivocally that the disclosure of the Twitter agreement does not jeopardize Nigeria’s sovereignty, national security, or contravene the Official Secrets Act, as the minister failed to substantiate these claims. Furthermore, the judge dismissed the minister’s hypothetical concerns about potential harm to Twitter’s business interests, noting the lack of specific evidence regarding the impact on contractual obligations.
Kolawole Oluwadare, the deputy director of SERAP, hailed the court’s judgment as a triumph for online freedom and democracy. Oluwadare promptly called on President Bola Tinubu to ensure immediate compliance with the court’s orders.
SERAP, in a letter dated July 13, 2024, urged President Tinubu to direct the Ministry of Information and Culture and the Attorney General’s office to disclose the details of the Twitter agreement as mandated by the court.
It is important to note that the suit was filed against the former minister following the government’s announcement on January 13, 2022, regarding the lifting of Twitter’s suspension and the platform’s commitment to Nigerian laws and culture.
The Nigerian Government had initially suspended Twitter on June 4, 2021, in response to the removal of a post by former President Muhammadu Buhari.
Notably, the court’s orders were specifically directed at the minister, with the former president named as a co-respondent in the lawsuit.
